If my insurer totaled my car weeks ago but there has been no settlement and yet they are insisting release of the car to them, do I have to do this?

Asked on August 17, 2012 under Accident Law, Pennsylvania


Andrew Goldberg

Answered 8 years ago | Contributor

No, unless the car is accruing storage expenses. You could agree to release the car to the insurer's lot so that storage expenses are not increasing on a daily basis. If your car is totalled, there is not alot of negotiation. You are entitled to book value plus 6% sales tax. The insurer can deduct 5 to 10 cents for mileage from the book value. T get book value, you take an average of Keely Blue Book and NADA. If you are an occupant was injured aand the accident was someone else's fualt, you  may have a successful personal injury claim, meaning a lump sum of money for your injuries and resulting pain and suffering.

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